David Oyedele V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

The appellant with one Seyi Oyeneye were before the Ogun State High Court Per A. A. Akinyemi J. sitting at Abeokuta Judicial Division, charged with the offences of conspiracy to commit murder contrary to and punishable under Section 324 of the Criminal Code Law, Vol.1, Laws of Ogun State of Nigeria 2006 and murder contrary to and punishable under Section 319 (1) of the Criminal Code Law Vol.1, Laws of Ogun State of Nigeria, 2006. The learned trial judge convicted the accused now appellant who appealed to the Court of Appeal, Ibadan Division or Court below or Lower Court, Coram: A. A. B. Gumel. H. S. Tsammani and O. Daniel-Kalio JJCA which Court below dismissed the appellant’s appeal and affirmed the conviction and sentences including that of death by hanging hence the current recourse to the Supreme Court on appeal.

FACTS RELEVANT TO THE APPEAL:

By an application dated 11th September 2008, the respondent sought consent to prefer Criminal Proceedings pursuant to Section 340 Criminal Procedure Law of Ogun State, 2006 against one Seyi Oyeneye and David Oyedele (the present appellant).

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The Honourable Chief Judge of Ogun State further to Section 4 (2) Criminal Procedure Law of Ogun State, 2006 gave the requisite consent sought on 21st November, 2008 pursuant to which the respondent by information laid on 11th February, 2009 pursuant to Section 340 (2)(b) Criminal Procedure Law of Ogun State, 2006 indicted one Seyi Oyeneye (as 1st Accused) and the appellant (as 2nd Accused) on a two (2) count charge of conspiracy to commit murder and murder contrary to the combined effect of Sections 316 (2) and 324 Criminal Code Law of Ogun State, 2006 and punishable under Section 319 (1) thereof.

Both accused persons, i.e. Seyi Oyeneye (the 1st Accused) together with the present appellant were subsequently arraigned on 29th July, 2009 before the Honourable Justice E. O. Osinuga sitting at the High Court of Ogun State sitting at Abeokuta when the following was recorded to have transpired:

“Mr. O. T. Olaotan – Director Law Development appearing with Mr. A. O. Lapite – State Counsel for the State.

Mr. O.O. Ogah – Principal Legal Aid Officer for the 2nd accused person.

Mr. Olaotan – The plea of the accused persons

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are yet to be taken.

Mr. Ogah – We are prepared for the plea to be taken now sir.

Charge is read and explained to each of the accused persons in Yoruba language.